Davenport v. Tehan

Ohio Supreme Court

Davenport v. Tehan

264 N.E.2d 642, 24 Ohio St. 2d 91, 53 Ohio Op. 2d 250, 1970 Ohio LEXIS 340

CourtOhio Supreme Court

DecidedNovember 25, 1970

DocketNo. 70-610

StatusPublished

Cited by15 cases

This text of 264 N.E.2d 642 (Davenport v. Tehan) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davenport v. Tehan, 264 N.E.2d 642, 24 Ohio St. 2d 91, 53 Ohio Op. 2d 250, 1970 Ohio LEXIS 340 (Ohio 1970).

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Opinion

Per Curiam.

This is an action in habeas corpus originating in this court. Petitioner contends that he is being held under excessive bail. He was originally being held on two charges: aiding and abetting in the shooting of a police officer on August 23, 1970, and for shooting with intent to kill on September 1, 1970, when the police attempted to arrest him. The court set bail of $25,000 on each charge. Petitioner has been denied relief in habeas corpus both in the Court of Common Pleas and the federal District Court on the same question.

The amount of bail in any given case is basically within the sound discretion of the trial court. Colavecchio v. McGettrick, Sheriff (1965), 2 Ohio St. 2d 290; Coleman v. McGettrick, Sheriff (1965), 2 Ohio St. 2d 177; Bland v. Holden (1970), 21 Ohio St. 2d 238.

There are no facts alleged in the instant case which indicate in any way that the bail is excessive, or that the trial judge has abused his discretion.

Petitioner remanded to custody.

O’Neill, C. J., Herbert, Duncan, Corrigan, Stern and Leach, JJ., concur. Schneider, J., concurs in judgment only.

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Per Curiam.

This is an action in habeas corpus originating in this court. Petitioner contends that he is being held under excessive bail. He was originally being held on two charges: aiding and abetting in the shooting of a police officer on August 23, 1970, and for shooting with intent to kill on September 1, 1970, when the police attempted to arrest him. The court set bail of $25,000 on each charge. Petitioner has been denied relief in habeas corpus both in the Court of Common Pleas and the federal District Court on the same question.

The amount of bail in any given case is basically within the sound discretion of the trial court. Colavecchio v. McGettrick, Sheriff (1965), 2 Ohio St. 2d 290; Coleman v. McGettrick, Sheriff (1965), 2 Ohio St. 2d 177; Bland v. Holden (1970), 21 Ohio St. 2d 238.

There are no facts alleged in the instant case which indicate in any way that the bail is excessive, or that the trial judge has abused his discretion.

Petitioner remanded to custody.

O’Neill, C. J., Herbert, Duncan, Corrigan, Stern and Leach, JJ., concur. Schneider, J., concurs in judgment only.

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Bluebook (online)

264 N.E.2d 642, 24 Ohio St. 2d 91, 53 Ohio Op. 2d 250, 1970 Ohio LEXIS 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davenport-v-tehan-ohio-1970.

Opinion

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